Sovereignty is proposed to be considered as an essential feature of the state and at the same time as the state of the carrier subject (sovereign), which presupposes its granting certain exclusive rights (souvera), which are denied to other subjects and which can only be realized by direct right holders. Based on the theory of sovereignty of J. Bodin, who used the Latin term imperium as the initial term in the sense of the highest (non‑appealable) subjective right and singling out as its bearers, depending on the form of government, the sovereign (monarchy), elite bureaucracy (aristocracy) and the people (democracy), the authors conclude that the phenomenon of sovereignty in the history of the teachings of the state and law. Taking into account the modern constitutional legal understanding, which combines normative and natural law typologies, it is proposed to consider sovereignty both in its public law (state sovereignty) and private law (personal sovereignty) understanding. Based on the principle of formal equality of subjects of public and private law, the parity ratio of state sovereignty and the sovereignty of the individual is established, which excludes the “absorption” of the individual by the state and guarantees the possibility of direct realization of personal souvera, the main of which, according to the authors, is the right to personal dignity.
Vladimir M. Baranov (Thu,) studied this question.